Employers who would like to know more about the Government's plans for post Brexit reform of employment law (changes to the Working Time Regulations, TUPE and non-compete clauses) will find this webcast interesting.
The Government have been busy this month as three Private Members Bill's have received Royal Assent. This month's alert also covers a case about an employee's refusal to attend work because of his fears about COVID-19, an important case on vicarious liability, and two discrimination cases.
1. Health and safety claims: Employee with kidney disease who refused to work because of COVID-19 did not suffer health and safety detriment or dismissal
The EAT has upheld an employment tribunal's decision that an employee with chronic kidney disease who refused to return to work due to COVID-19 did not hold a reasonable belief that he was in serious and imminent danger and had not therefore suffered health and safety detriment or dismissal.
2. Vicarious liability: Important Supreme Court judgment confirming the boundaries of employer's vicarious liability
A Supreme Court judgment has confirmed the test to be used in assessing whether employers have vicarious liability for the wrongdoing of employees.
3. Discrimination: Tribunals must establish who the decision makers are in determining claims
The EAT has held that a tribunal failed to consider whether a business owner was the sole decision maker in the decision to dismiss a pregnant employee.
4. Disability discrimination: Tribunal erred by focusing on impact of termination in assessing how long an impairment was likely to last
The EAT has held that an employment tribunal wrongly focussed on the likely impact of termination of employment on the individual's anxiety when assessing whether the effect of the anxiety was likely to last for 12 months.
5. Progress of Private Members' Bills: On 24 May 2023 three bills received Royal Assent
We have updated our table showing the progress of Private Members' Bills through Parliament. The Bills in bold now have Royal Assent and Regulations will be made bringing them into force in due course.
| Name of Bill | Intention | Timing |
| Introduces a duty to take reasonable steps to prevent sexual harassment of employees, and an uplift to compensation where this duty has been breached. Re-introduces protection from harassment by third parties but at the first offence. See more detail here. | Second reading (House of Lords) passed on 24 March 2023, now at Committee stage. | |
| Protection from Redundancy (Pregnancy and Family Leave) Act 2023 | The extension of protection from redundancy for employees returning from family leave to apply from notification of pregnancy to up to 18 months after birth or six months after returning to work. Also applies to adoption and shared parental leave. See more detail here. | Royal Assent was received on 24 May 2023. The Act will come into force on 23 July 2023. The new Act gives the Government the power to make Regulations enacting the new law. The Government's press release says this will be done "in due course". |
| Giving workers the right to request more predictable work pattern. See more detail here. | Second reading (House of Lords) has been scheduled for 16 June 2023. | |
| Amendments to the current right to request flexible working. In particular, this will make the right to request flexible working a day one right. See more detail here. | The committee stage date is yet to be announced. | |
| Gives employees who are carers the right to take one week’s unpaid leave. See more detail here. | Royal Assent was received on 24 May 2023. Regulations will be laid to bring this right into force "in due course". We understand this is likely to be in April 2024. | |
| This places obligations on employers to deal with tips, gratuities and service charges | Royal Assent was received on 2 May 2023. | |
| This gives the right to up to 12 weeks' paid leave to employees who are caring for a child receiving neonatal care. See more detail here. | Royal Assent was received on 24 May 2023. The Government have said this right will come into force in April 2025 |
